Terms and Conditions

Contents

1. Terms and Conditions: Buying artwork from our online shop

Our Terms of Sale

This is the information you need to know when considering a purchase from our online artwork shop.

Contract Formation

These terms and conditions (“Terms”) apply to the sale of all goods online between The NEAC Trading Company Limited (trading as ‘The New English Art Club’) and whose registered office address is The NEAC Trading Company Limited, ℅ Sproull & Co, 31-33 College Road, Harrow, Middlesex HA1 1EJ, UK (“we/us”) and any visitors (“you”) to the website at www.newenglishartclub.co.uk (“Site”). For all pre- and post-sale enquiries, please contact info@neac.co.uk.

We may contract with you either as agent of the relevant artist(s) or as principal if we are the seller.

No contract shall exist between you and us for the sale of any goods until we accept your order after payment online, receipt and acceptance of the order. We do not charge customers’ cards until the goods are preparing to dispatch.

By placing an order for any goods with age restrictions, you declare that you are age eighteen or over in order to purchase the goods.

The price and description of the goods are displayed on our Site. Such information is subject to change without notice.

Subject to clauses 5 and 7, the price you shall pay for the goods is the price displayed on our Site at the time we receive your order. The price of the goods is inclusive of VAT if the artist is registered for VAT. You may choose to pay by credit or debit card, or email us at info@neac.co.uk if you would like to pay by cheque.

In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether, in which case we will not process your payment and your card will not be charged.

Any goods ordered will be delivered at no extra cost to your address in the United Kingdom. If your address is outside of the mainland UK, delivery charges will apply. Please contact us to arrange a quote including overseas P&P.

We endeavour to ensure that all of the items shown on the Site are accurately represented. There may, however, be some slight variations (and this should be expected) between what you see and what you receive in any order, which you agree to accept, provided the variations are not substantial. We may correct any typographical or other errors or omissions in any online entry, sales literature, quotation or other online document relating to the sale of the goods without any liability to you.

We will take all reasonable precautions to keep the details of your order and payment secure by using a third party payment provider who uses encryption technology, making our pages secure. Accordingly, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to your information, either on our Site or our payment provider’s.

The price of the goods is payable in full at point of sale.

Receipts for payment will be sent by email after payment for any purchases made online from the Site. All goods remain our property until payment is received from you.

Availability

All goods are subject to availability.

If we are unable, for any reason, to deliver the goods ordered by you, we will inform you of this as soon as possible and give you the option of providing you with substitute goods of equivalent quality and price. We do not charge payment cards until goods are preparing to dispatch, so no charge will have been made in this eventuality.

Delivery

Goods are usually held by our individual member artists who we will contact on your behalf to arrange delivery direct to you.

Delivery will be made as soon as possible after your order has been accepted, and in any event within thirty days of your order. If we are unable to deliver the goods within thirty days of your order, we will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from your credit card for the goods. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

If goods are unable to be dispatched within seven days (for example, if the artist is away, or you are unavailable to accept delivery within this timeframe) then we may (with your permission) charge your card in advance of dispatch of goods, to avoid card authorisation expiring, and having to request your payment details again.

We will deliver the goods ordered by you to the address given by you for delivery at the time you place the order. If there is no-one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.

We will bear the risk of the goods delivered to you whilst in transit, unless you have chosen your own courier, in which case the risk will pass when we have delivered the goods to your chosen courier.

Right to Cancel

You may cancel an order for goods for any reason within fourteen working days, beginning with the day after the day on which you received the goods.

If you wish to cancel an order within this timeframe, you should notify us by email at info@neac.co.uk. You will be responsible for the cost of returning the goods.

When returning goods, it is your responsibility to take reasonable care to see that the goods are not damaged, either whilst in your possession or in transit. We reserve the right to deduct a charge to put the item back into the condition in which it was sold where it has been damaged or is showing signs of wear and tear.

You must return the goods within fourteen days of cancellation and at your own expense. We shall provide a full refund for goods returned or cancelled in accordance with these Terms as soon as possible and in any event within a period not exceeding fourteen days of receiving the goods back or proof that they have been sent back (whichever earlier). Any other refund not satisfying the above conditions will be made at our discretion only. Your statutory rights are not affected.

Warranties

The goods are warranted free from defects in material and workmanship for three months from delivery. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval. This warranty does not affect the your rights as a consumer.

If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, please email us at the address given above.

Liability

If either you or we are in breach of these Terms, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach and shall not in any event include losses related to any business of yours such as lost data, lost profits or business interruption.

The entire liability of either you or us in respect of any claim in connection with these Terms shall not exceed the price paid for the goods in question.

Force Majeure

We shall not be liable to you for any failure to deliver the goods that have been ordered by you or any delay, damage or defect to the goods collected which is caused by any event or circumstance beyond our reasonable control.

Governing Law

English law applies to these terms and conditions and any sale of goods to which they apply and you agree to submit to the exclusive jurisdiction of the English courts in all matters arising from these Terms.

1. Terms and Conditions: Friends of the New English Art Club

Here follows the terms and conditions of a 'Friends of the New English Art Club' subscription. You should read it carefully as it sets out your rights and obligations as a Friend of the New English Art Club (NEAC). Please note that acceptance of your application and receipt of your annual fee by the NEAC creates a valid and legally-binding contract between you and the “New English Art Club” (or “New English” or “NEAC” or “we” or “us” in the terms below) which is governed by these terms and conditions. These terms and conditions also apply to donations and gifts.

1 Definitions
1.1 In these terms and conditions, the following words have the following meanings:
New English Art Club means the charity with registration number 295780.
Fee means the money you have paid to NEAC to become a Friend;
Friend means you and/ or any other subscriber to the NEAC Friends Scheme (depending on the context in which it is used). Please note that these terms and conditions apply to all Friends;
Friend Period means the date from which NEAC receives your Fee to the date on which your membership of the Friends Scheme expires.
Trial Offer, Promotional Offer and Discount means any extra money off, promotional benefits or reduced time period of membership that is not as per those listed in section 2 and 4 below.

2 Your Friends Scheme Benefits
2.1 As a Friend of NEAC you are entitled to benefits as outlined on this page: https://www.newenglishartclub.co.uk/support-us/become-friend-new-english...
2.2 We reserve the right to change the benefits that apply to the Friends Scheme at any time and without prior notice.
2.3 Any third parties or external providers of a benefit included in the Friends Scheme benefits package will have absolute discretion in relation to that benefit and that benefit will be subject to the provider’s own terms and conditions.
2.4 We will send you newsletters and 'stop press' updates by email to contractually fulfil the benefits outlined. You will also receive material by post.
2.5 Any Trial Offers, Promotional Offers or special Discounts linked to becoming a Friend or given as part of being a Friend may be subject to the terms and conditions of that Offer or Discount.

3 Your details
3.1 During your time as a Friend we will collect information about you to personalise your experience of the Friends Scheme. We collect information about you in a variety of ways including, but not limited to:
3.1.1 when you join as a Friend;
3.1.3 when you make bookings for events;
3.1.4 when you make a purchase online;
3.1.6 when you respond to our emails.
3.2 All information that you provide to NEAC will be processed and held in accordance with all current data protection legislation and our privacy policy.
3.3 You agree that personal details provided to NEAC may be used for administrative purposes to fulfil your Friends benefits and provide services to you. In some cases, we work with external suppliers to provide certain services. All data is transferred securely and all external suppliers have signed data processing and confidentiality agreements with us. Your personal details may also be used for marketing, statistical and analytical purposes and we will, provided you have consented to us doing so, use your contact details to let you know about our events, exhibitions and fundraising appeals.
3.4 You are responsible for informing us of changes to your personal details. You may instruct us to provide you with any personal information which we hold about you, by contacting us in writing at the address set out in clause 3.7 below. Please let us know if any personal information which we hold about you needs to be corrected or updated.
3.5 We do not collect or process sensitive personal data such as race, ethnic origin, physical or mental health, political or philosophical views or sexual orientation.
3.6 Subject to clause 3.3 we will never sell, rent or exchange your details with any other organisation outside of NEAC and the Federation of British Artists.
3.7 You may opt-out of communications from us at any time, although they form part of your Friends Scheme benefits. If you wish to opt-out of communications from us please email friends@neac.co.uk. You can also unsubscribe from our emails via the unsubscribe link at the bottom of all of our emails. Please see our privacy and cookie pages for more details.

4 Subscription fees and payment
4.1 All Friends will pay an annual subscription Fee. We reserve the right in our absolute discretion to change the Fee each year.
4.2 Your membership of the Friends Scheme is valid immediately from the day that your Fee is received by us in cleared funds and will usually be valid for 12 months. If you do not renew, your membership of the Friends Scheme will expire automatically at the end of the Friend Period unless it is renewed in accordance with clauses 4.4 or 4.5 below.
4.3 Upon expiry of your membership of the Friends Scheme you will no longer be a Friend and you will no longer be entitled to receive any Friends Scheme benefits.
4.4 Renewal by Recurring Online Payment or Direct Debit: When each Friend Period is approaching its renewal date, you will receive a reminder of the amount and date of your next payment which will automatically be drawn unless you cancel your direct debit, or contact us to cancel your card payment.
4.5 Renewal by cheque: When each Friend Period comes to an end, we will send you a renewal reminder, and your membership of the Friends Scheme will be cancelled unless and until a further Fee payment is received from you within 30 days.
4.6 In order to comply with HMRC guidelines, we are not able to accept CAF cheques as payment for membership of the Friends Scheme.
4.7 We reserve the right in our sole discretion to terminate your membership of the Friends Scheme if in our reasonable opinion you behave in a way which is considered to be harassing, causing distress or inconvenience to other Friends, exhibition attendees, any member of our staff or any director, trustee, patron, donor or other supporter of NEAC or the Federation of British Artists or you breach any of these terms and conditions.
4.8 Subject to any statutory right to cancel, your Fee is non-refundable once payment has been received by us.
4.9 Friend’s rights are not transferable.
4.10 Friend’s rights shall cease on a Friend’s death or on an individual ceasing to be a Friend.

5 Publications and other materials
5.1 Unless stated otherwise, copyright and all other rights in all publications and materials supplied to you by NEAC is owned by NEAC. Friends may not reproduce, transmit, distribute, sell or commercially exploit these materials without our prior written consent or to the extent expressly permitted by law.

6 Liability
6.1 Subject to clause 6.3, and to the extent possible by law, we exclude all liability to Friends or to any other third party for any loss of profit, or any special, incidental or consequential damages (however arising, including negligence) arising out of, or in connection with services, benefits and/or products supplied by us.
6.2 Subject to clause 6.3, our liability to you is limited to the amount of your Friend Fee.
6.3 Nothing in these terms and conditions excludes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

7 Questions and feedback
7.1 If you have any questions, comments or feedback, please contact info@neac.co.uk.

8 Disclaimers
8.1 NEAC will use all reasonable endeavours to ensure that the Services and Benefits it offers are available on the date and at the times listed but we cannot guarantee this.
8.2 NEAC has no liability to you if it is required to close or if any service or Benefit is not available for any reason.

9 General
9.1 The failure of or delay by us to exercise or enforce any right in these terms does not constitute a waiver of such rights.
9.2 We reserve the right to amend these terms and conditions in our absolute discretion at any time upon reasonable notice to you.
9.3 These terms and conditions shall be governed by and interpreted in accordance with English law and, in the event of any dispute arising out of these terms and conditions and/ or your membership of the Friends Scheme, you agree with us to submit to the exclusive jurisdiction of the English courts.